For Prop 37, a win seems to be slipping away

SACRAMENTO -- With once-overwhelming public support having crumbled away, supporters of an initiative to label genetically modified food dropped a last-minute bombshell Friday, claiming a federal investigation into the opposition's campaign tactics was under way.

But the bombshell never detonated. Prior to a hastily organized conference call with reporters, federal prosecutors said they are not investigating Proposition 37's opponents, who have been criticized for misrepresenting the views of organizations in several ads.

"We filed a complaint, they've acknowledged it," insisted Joe Sandler, an attorney for the California Right to Know Campaign. "We received a call from the FBI (Thursday) asking for some additional info and indicating they would be looking into this and determining whether a criminal offense was committed."

But that's an overstatement, according to the U.S. Attorney's office in Sacramento. The office said it received a letter from the campaign complaining about the alleged misuse of a U.S. Food and Drug Administration seal in an ad.

"We have referred the matter to the FDA for any action they believe is appropriate," U.S. Attorney Ben Wagner said in a statement. "Neither the FBI nor this office has a pending investigation related to this matter."

Barring a turnaround, Friday's episode may have been the last gasp of a foundering campaign. While the initiative appears popular with Santa Cruz voters, its support -- which once seemed insurmountable -- was at just 41.9 percent statewide, according to California Business Roundtable/Pepperdine University poll released Friday.

As recently as Sept. 27, that poll found support at 66.9 percent.

"Desperate times have apparently caused them to resort to desperate measures," said Kathy Fairbanks, a spokeswoman for the No on 37 campaign.

Though polls this week showed the measure losing for the first time, the numbers were a continuation of a trend. Prop. 37 has faced a withering, $48 million opposition campaign funded in large part by the biotech, agricultural and grocery industry.

The "Yes" campaign has consistently complained about the ad blitz, using words like "deception" and "dirty tricks" to describe it. Other have complained too: Stanford University objected about a Hoover Institute source used in ads, saying the individual does not represent the school, only the conservative think tank housed there. The ad was amended.

Two weeks ago, Prop. 37 supporters lodged an Justice Department complaint about the use of an FDA logo on campaign literature, saying it misrepresented the views of the agency. Opponents have denied that.

With the local popularity of organic foods, Right to Know Campaign signs can be spotted throughout the county. The county Board of Supervisors has endorsed Prop. 37, and a rally is being held Sunday at 11:30 a.m. in Laurel Park to drum up support. Santa Cruz Mayor Don Lane is expected to speak at the event.